SAPNA versus UNITED INDIA INSURANCE CO. LTD. & ANR.

SAPNA versus UNITED INDIA INSURANCE CO. LTD. & ANR.

While determining compensation for permanent disability, the Tribunal must consider all relevant circumstances including the need for future medical treatment, mental agony, end of educational prospects, and effect on future life and matrimonial prospects; where evidence of future expenses is insufficient, a reasonable sum should be awarded under that head.

Parties
Appellant: Sapna; Respondent: United India Insurance Co. Ltd.; Respondent: Anr.
Jurisdiction
India
Judgment Date
14 May 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Compensation for Permanent Disability, Assessment of Just and Fair Compensation, Restitutio in Integrum, Structured Formula, Future Medical Expenses
Motor Vehicles Act Tort Law Compensation for Permanent Disability Assessment of Just and Fair Compensation Restitutio in Integrum Structured Formula Future Medical Expenses

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Parties

Sapna

Appellant

United India Insurance Co. Ltd.

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 What is the fair and adequate compensation for permanent disability suffered by a minor girl in a motor vehicle accident?
  2. 2 Is further enhancement of compensation justified for future medical expenses and loss of future prospects?

Ratio Decidendi

While determining compensation for permanent disability, the Tribunal must consider all relevant circumstances including the need for future medical treatment, mental agony, end of educational prospects, and effect on future life and matrimonial prospects; where evidence of future expenses is insufficient, a reasonable sum should be awarded under that head.

Court Disposition

Appeal partly allowed

Orders

  • A sum of Rs.75,000 awarded for future medical treatment in addition to previous compensation.
  • Tribunal directed to invest Rs.2,00,000 out of compensation in a fixed deposit till victim attains majority, releasing amounts for treatment or as necessary.